Smoke, shoved off into a corner, ignored and scowled at, his hands and feet tied with thongs of moose-hide, looked on. Thirty-eight men he counted, a wild and husky crew, all frontiersmen of the States or voyageurs from Upper Canada. His captors told the tale over and over, each the center of an excited and wrathful group. There were mutterings of: "Lynch him now! Why wait?" And, once, a big Irishman was restrained only by force from rushing upon the helpless prisoner and giving him a beating.

It was while counting the men that Smoke caught sight of a familiar face. It was Breck, the man whose boat Smoke had run through the rapids.

He wondered why the other did not come and speak to him, but himself gave no sign of recognition. Later, when with shielded face Breck pa.s.sed him a significant wink, Smoke understood.

Blackbeard, whom Smoke heard called Eli Harding, ended the discussion as to whether or not the prisoner should be immediately lynched.

"Hold on," Harding roared. "Keep your shirts on. That man belongs to me.

I caught him an' I brought him here. D'ye think I brought him all the way here to be lynched? Not on your life. I could 'a' done that myself when I found him. I brought him here for a fair an' impartial trial, an'

by G.o.d, a fair an' impartial trial he's goin' to get. He's tied up safe an' sound. Chuck him in a bunk till morning, an' we'll hold the trial right here."

Smoke woke up. A draught that possessed all the rigidity of an icicle was boring into the front of his shoulders as he lay on his side facing the wall. When he had been tied into the bunk there had been no such draught, and now the outside air, driving into the heated atmosphere of the cabin with the pressure of fifty below zero, was sufficient advertizement that some one from without had pulled away the moss-c.h.i.n.king between the logs. He squirmed as far as his bonds would permit, then craned his neck forward until his lips just managed to reach the crack.

"Who is it?" he whispered.

"Breck," came the almost inaudible answer. "Be careful you don't make a noise. I'm going to pa.s.s a knife in to you."

"No good," Smoke said. "I couldn't use it. My hands are tied behind me and made fast to the leg of the bunk. Besides, you couldn't get a knife through that crack. But something must be done. Those fellows are of a temper to hang me, and, of course, you know I didn't kill that man."

"It wasn't necessary to mention it, Smoke. And if you did you had your reasons. Which isn't the point at all. I want to get you out of this.

It's a tough bunch of men here. You've seen them. They're shut off from the world, and they make and enforce their own law--by miner's meeting, you know. They handled two men already--both grub-thieves. One they hiked from camp without an ounce of grub and no matches. He made about forty miles and lasted a couple of days before he froze stiff. Two weeks ago they hiked the second man. They gave him his choice: no grub, or ten lashes for each day's ration. He stood for forty lashes before he fainted. And now they've got you, and every last one is convinced you killed Kinade."

"The man who killed Kinade shot at me, too. His bullet broke the skin on my shoulder. Get them to delay the trial till some one goes up and searches the bank where the murderer hid."

"No use. They take the evidence of Harding and the five Frenchmen with him. Besides, they haven't had a hanging yet, and they're keen for it. You see, things have been pretty monotonous. They haven't located anything big, and they got tired of hunting for Surprise Lake. They did some stampeding the first part of the winter, but they've got over that now. Scurvy is beginning to show up amongst them, too, and they're just ripe for excitement."

"And it looks like I'll furnish it," was Smoke's comment. "Say, Breck, how did you ever fall in with such a G.o.d-forsaken bunch?"

"After I got the claims at Squaw Creek opened up and some men to working, I came up here by way of the Stewart, hunting for Two Cabins.

They'd beaten me to it, so I've been higher up the Stewart. Just got back yesterday out of grub."

"Find anything?"

"Nothing much. But I think I've got a hydraulic proposition that'll work big when the country's opened up. It's that, or a gold-dredger."

"Hold on," Smoke interrupted. "Wait a minute. Let me think."

He was very much aware of the snores of the sleepers as he pursued the idea that had flashed into his mind.

"Say, Breck, have they opened up the meat-packs my dogs carried?" he asked.

"A couple. I was watching. They put them in Harding's cache."

"Did they find anything?"

"Meat."

"Good. You've got to get into the brown-canvas pack that's patched with moose-hide. You'll find a few pounds of lumpy gold. You've never seen gold like it in the country, nor has anybody else. Here's what you've got to do. Listen."

A quarter of an hour later, fully instructed and complaining that his toes were freezing, Breck went away. Smoke, his own nose and one cheek frosted by proximity to the c.h.i.n.k, rubbed them against the blankets for half an hour before the blaze and bite of the returning blood a.s.sured him of the safety of his flesh.

"My mind's made up right now. There ain't no doubt but what he killed Kinade. We heard the whole thing last night. What's the good of goin'

over it again? I vote guilty."

In such fashion, Smoke's trial began. The speaker, a loose-jointed, hard-rock man from Colorado, manifested irritation and disgust when Harding set his suggestion aside, demanded the proceedings should be regular, and nominated one Shunk Wilson for judge and chairman of the meeting. The population of Two Cabins const.i.tuted the jury, though, after some discussion, the woman, Lucy, was denied the right to vote on Smoke's guilt or innocence.

While this was going on, Smoke, jammed into a corner on a bunk, overheard a whispered conversation between Breck and a miner.

"You haven't fifty pounds of flour you'll sell?" Breck queried.

"You ain't got the dust to pay the price I'm askin'," was the reply.

"I'll give you two hundred."

The man shook his head.

"Three hundred. Three-fifty."

At four hundred, the man nodded, and said, "Come on over to my cabin an'

weigh out the dust."

The two squeezed their way to the door, and slipped out. After a few minutes Breck returned alone.

Harding was testifying, when Smoke saw the door shoved open slightly, and in the crack appear the face of the man who had sold the flour. He was grimacing and beckoning emphatically to some one inside, who arose from near the stove and started to work toward the door.

"Where are you goin', Sam?" Shunk Wilson demanded.

"I'll be back in a jiffy," Sam explained. "I jes' got to go."

Smoke was permitted to question the witnesses, and he was in the middle of the cross-examination of Harding when from without came the whining of dogs in harness, and the grind and churn of sled-runners. Somebody near the door peeped out.

"It's Sam an' his pardner an' a dog-team h.e.l.l-bent down the trail for Stewart River," the man reported.

n.o.body spoke for a long half-minute, but men glanced significantly at one another, and a general restlessness pervaded the packed room. Out of the corner of his eye, Smoke caught a glimpse of Breck, Lucy, and her husband whispering together.

"Come on, you," Shunk Wilson said gruffly to Smoke. "Cut this questionin' short. We know what you're tryin' to prove--that the other bank wa'n't searched. The witness admits it. We admit it. It wa'n't necessary. No tracks led to that bank. The snow wa'n't broke."

"There was a man on the other bank just the same," Smoke insisted.

"That's too thin for skatin', young man. There ain't many of us on the McQuestion, an' we got every man accounted for."

"Who was the man you hiked out of camp two weeks ago?" Smoke asked.

"Alonzo Miramar. He was a Mexican. What's that grub-thief got to do with it?"

"Nothing, except that you haven't accounted for HIM, Mr. Judge."

"He went down the river, not up."